Zelaya Orellana v Bondi: Federal Court Says Immigration Judges Not Bound by EOIR Memo

In major decision, Fourth Circuit limits the legal power of internal agency guidance, dealing blow to applicants stuck in backlog.

WASHINGTON — The Fourth Circuit Court of Appeals (in Richmond, Virginia) has ruled that internal immigration court guidelines are not legally binding on judges, rejecting a Honduran immigrant’s challenge to the denial of his green card due to a delay in the visa process.

In Alex Zalaya Orellana v. Pamela Bondi, No. 24-1111, decided June 24, the court held that the Executive Office for Immigration Review’s (EOIR) internal memo known as OPPM 17-04—used to manage green card cases when annual caps are reached—is not enforceable law and does not give immigrants legal rights.

Zalaya Orellana had received preliminary approval for “cancellation of removal,” a form of deportation relief that can lead to permanent residency. However, his final decision was put on hold in 2019 because the yearly limit of 4,000 visas had already been met. By the time a visa became available in 2023, the original immigration judge had retired. A new judge reviewed the case, took into account a felony charge from 202…